United States Office of Solid Waste
Environmental Protection and Emergency Response EPA/530-SW-91-032
Agency (OS-305) April 1991
Office of Solid Waste
&EPA Environmental
Fact Sheet
New Treatment Standards
Proposed for K061 High Zinc
Subcategory Wastes
Background
In the First Third land disposal restrictions rule of August 17, 1988,
EPA determined that high temperature metal recovery (HTMR) was the
best demonstrated available technology for treating K061 high zinc
wastes (i.e., wastes containing equal to or greater than 15% total zinc).
However, believing that it lacked the authority to regulate the slag
residues from the HTMR process as K061 wastes, EPA set a treatment
standard of "no land disposal" for these wastes.
On June 26, 1990, the District of Columbia Circuit Court of Appeals
invalidated the "no land disposal" standard and held that EPA is not
jurisdictionally barred from promulgating a treatment standard for the
slag. The Court remanded the case to EPA to determine whether to
establish a treatment standard for slag residue. The Court did not
dispute that HTMR represents the best demonstrated available
technology for these wastes.
Currently, K061 wastes are subject to an interim treatment standard
based on stabilization, which will expire on August 8, 1991. After that
date, industry will not be able to dispose of K061 wastes in or on the
land if a new treatment standard has not been promulgated.
Action
EPA is proposing to establish concentration-based treatment standards
for K061 nonwastewaters in the high zinc subcategory based on the
analysis of slag residues from the HTMR processes. EPA is further
proposing that the slag resulting from the HTMR process be delisted
from the hazardous waste regulations if it satisfies certain conditions.
-------
Public Comment
Public comments should be sent to EPA within 30 days of the
publication date of the Federal Register notice announcing this
proposed rule. For instruction on submitting written comments, please
consult the notice. It may be obtained at no charge by calling the
RCRA Hotline or by visiting EPA's RCRA Docket in Washington, D.C.
For More Information
To obtain further information, a copy of the Federal Register notice, or
other fact sheets on the land disposal restrictions program, please call
the RCRA Hotline Monday through Friday. 8:30 a.m. to 7:30 p.m. EST.
The national toll-free number is (800) 424-9346; for the hearing
impaired it is (TDD) (800) 553-7672. In Washington, D.C., the number
is (703) 920-9810 or TDD 486-3323.
------- |